Connecticut Surrogacy Contract Attorney
The Kocian Law Group has experience representing surrogate families in entering contractual agreements for surrogacy. Essentially, a surrogate agreement is one in which the “surrogate mother” agrees to have a baby for another family. An “egg donor” and a birth father may also be involved in the contract for surrogacy. Collectively, these parties may be known as a “surrogate family.” Typically, agencies will include both the husband and wife on such contracts to avoid any potential foreseeable legal issues or challenges that may arise in the future by a husband of a surrogate mother.
Surrogate agreements are not legal in all states. In Connecticut, while the statutes are silent regarding surrogacy, various cases have viewed the issue favorably. While not “iron-clad”, there is support for the proposition supporting surrogacy agreements.
Contents of Surrogacy Agreements
Surrogacy agreements frequently address such issues as:
- payment of the medical bills for the birth
- who pays the bills if the child is not or cannot be carried to term
- what will happen if the surrogate mother is found to be carrying twins or multiples
- travel expenses for delivering the child
- payment of attorney’s fees
- medical and psychological services
- maternity clothing allowances
- agreement by the surrogate mother to carry to term, and any situations that allow for an exception
- DNA and medical tests required for the child
- “payback” provisions if a court later awards custody to the surrogate mother, rather than the contracting couple
- agreement by the surrogate mother to avoid ingesting alcohol, drugs, or other substances except as prescribed by her physicians
- agreement by the surrogate mother to see her doctors regularly and as needed
- medical statements by the birth father that he has no known congenital diseases that could cause harm to the surrogate mother or the baby
- provisions for amniocentesis testing
- release and hold harmless agreements to avoid future anticipated litigation.
Such a lengthy list of surrogacy agreement considerations can be overwhelming. Contact a family lawyer at Kocian Law Group to help you draft a comprehensive surrogacy agreement that all parties involved clearly understand.
